J-Weial v. Lizarraga

Filing 11

ORDER Directing Clerk of Court to Amend Caption signed by Magistrate Judge Sheila K. Oberto on 2/8/2016. Joe Lizarraga added as Respondent. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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XAVIER LUMAR J-WEIAL,

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Case No. 1:16-cv-00044 HC

Petitioner,
ORDER DIRECTING CLERK
OF COURT TO AMEND CAPTION

v.
DAVE DAVEY, Warden,

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Respondent.

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“If the petitioner is currently in custody under a state court judgment, the petition must name

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as respondent the state officer who has custody.” Rule 2(a) of the Rules Governing Section 2254

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Cases in the United States District Courts. Petitioner has advised the Court that he is presently

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incarcerated in Mule Creek State Prison, Ione, California. As a result, Dave Davey, the warden of

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California State Prison, Corcoran, no longer has custody of Petitioner. Joe Lizarraga, Warden of
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Mule Creek State Prison, now has custody of Petitioner.
Accordingly, the Court hereby ORDERS the Clerk of Court to amend the caption in this

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matter to reflect the name of Joe Lizarraga, Warden, Mule Creek State Prison, as Respondent.

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IT IS SO ORDERED.

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Dated:
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February 8, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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